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REPORT ANO RESOEETIOBf 


OF THE 




JOINT SELECT COMMITTEE 


OF BOTH HOUSES OF THE 

C^ENERAE ASSEITIKEY OF YORTII CAROEIYA. 

ON THE PROPOSITION TO ADOPT THE 


CONGRESSIONAL CONSTITUTIONAL AMENDMENT, 


PRESENTED BY 

JAMES M, LEACH, OF DAVIDSON, Chairman, 


ON THE 6th of DECEMBER, AND 


Adopted by both Houses on the 13th December, 


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WM. E. PELL, PRINTER TO THE STATE. 

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REPORT 


OF THE 

JOINT SELECT COMMITTEE 


ON THE 

PROPOSED AMENDMENT AS THE FOURTEENTH ARTICLE 
OF THE CONSTITUTION OF THE UNITED STATES. 


The Joint Select Committee on Federal Relations, to which 
was referred that part of the Governor’s Message relating to 
a communication from the Honorable Wm. H. Seward, Sec¬ 
retary of State for the United States, covering an attested 
copy of a Joint Resolution of Congress, proposing a four¬ 
teenth Article as an Amendment of the Constitution of the 
United States, to be submitted to this General Assembly for 
ratification or rejection, have had the same under considera¬ 
tion, and ask leave to report: 

The Committee, impressed with the importance of the sub¬ 
jects embraced in the proposed Constitutional Amendment, 
as affecting the Commonwealth of Nortli Carolina not merely 
for the present, but, in all human probability, for ages to 
come, have given the whole matter a careful and respectful 
consideration, and now offer the reasons for the conclusions 
at which they have arrived. 

A number of radical changes in the fundamental law of 
the country are proposed to be embraced in one Article, and 
to be accepted or rejected together, and if but one of these 
Amendments is disapproved, this General Assembly will be 
under the necessity of rejecting all; leaving no alternative 
of accepting some of the Sections in the proposed Article 
and rejecting others ; and it is submitted that this mode of 



4 


REPORT OF THE 


amending the Constitution of the United States is unwise, 
and Avithout precedent, and ought not to find favor in any 
portion of this great nation. 

The Committee entertain the opinion that this proposition 
has not been submitted in a constitutional manner, and in 
pursuance of the forms prescribed by the Constitution. 
North Carolina and her ten sister seceding States, have been 
repeatedly recognized as States in the Union, by all the De¬ 
partments of the Federal Government, both during and since 
the war. Congress did this by the Resolutions of July, 1861, 
which, declared that '‘the object of the w^ar Avas not for any 
purpose of conquest or subjugation, nor for the purpose of 
overthrowing or interfering with the rights or established 
institutions of those States, but to defend and maintain the 
supremacy of the Constitution and to preserve the Union 
Avith all the dignity, equality and rights of the several States 
uninjpaired.” And again : by an Act apportioning taxation 
among the States; by an Act assigning them their respec¬ 
tive numbers of Representatives; by an Act at the last ses¬ 
sion re-adjusting the Federal Judicial Circuits, by accepting 
as valid the assent of Yirginia to the dhusion of that State, 
and thereupon establishing the State of West Yirginia; and 
by other Acts. The Judiciary has recognized them by hear¬ 
ing and deciding causes carried up from their Courts. The 
Executive has done so by approving the aforesaid Acts of 
Congress. This recognition of them as States in the Union is 
noio repeated by the Federal Government in submitting to 
them for ratification the pending proposition of Amendment, 
since only Stdtes in the Union can vote on such a question. 

The Federal Constitution declares, in substance, that Con¬ 
gress shall consist of a House of Representatives, composed 
of members apportioned among the respective States in the 
ratio of their population, and of a Senate, composed of two 
members from each State. And in the Article which concerns 
Amendments, it is expressly provided that “ no State, with¬ 
out its consent, shall be deprived of its equal suffrage in the 
Senate.” The contemplated Amendment Avas not proposed 
to the States by a Congress thus constituted. At the time of 
its adoption, the eleven seceding States were deprived of rep- 





JOINT SELECT COMMITTEE. 


0 

resentation both in the Senate and House, although they all, 
except the State of Texas, had Senators and Representatives 
duly elected and claiming their privileges under the Consti* 
tution. In consequence of this, these States had no voice 
on the important question of proposing the Amendment. 
Had they been allowed to give their votes, the proposition 
would doubtless have failed to command the required two- 
thirds majority. Had they voluntarily relinquished the ex¬ 
ercise ot their right and privilege in this matter, as they had 
done in the case of the late Amendment respecting slavery, 
they would, perhaps, be estopped from objecting to the regu¬ 
larity of the proceeding. But as their Senators and Repre- 
senatives elect were seeking admission to their seats and were 
deprived of them against their consent, the subject is pre¬ 
sented in a different light. 

If the votes of these States are necessary to a valid ratifica¬ 
tion of the Amendment, they were equally necessary on the 
question of proposing it to the States; for it would be difficulty 
in the opinion of the Committee, to show by what process in 
logic, men of intelligence, could arrive at a different conclu¬ 
sion. And it is submitted that this irregularity, in the initia¬ 
tive step, would make the .Imendment of doubtful validity, ^ 
even if ratified. It would certainly constitute a dangerous 
precedent, give rise to troublesome questions hereafter, re-^ 
move the landmarks established by tlie fathers, and greatly 
tend to diminish that regard for the sacredness of the Consti¬ 
tution, which all our people ought ever to cherish. 

The Committee are of the opinion that the Constitution . - 
was not com23lied with in another particidar, in the manner of 
proposing this Amendment. The third clause of section sec¬ 
ond, article first, jirovides that “ evemj order, resolution, or 
vote, to which the concurrence of the Senate and House of 
Representatives may be necessary (excej^t on a question of 
adjournment,) shall be presented to the President of the Uni¬ 
ted States, and before the same shall take effect, it shall be a|3- 
proved by him, or being disapj^roved by him, shall be re-passed 
by two-thirds of the Senate and House of Representatives, ac¬ 
cording to the rules and limitations prescribed in the case of 
a bill.” A jiroposition to amend the Constitution is certainly 


6 


REPORT OF THE 


included in the terms of that provision, as being a matter 
requiring the concurrent action of both Houses. The pend¬ 
ing Amendment, however, was never presented to the Presi¬ 
dent, for his approval or disapproval, but sent directly to the 
Department of State, to be transmitted thence to the respec¬ 
tive States. 

And it is far from a satisfactory answer to this, to say that 
because the proposition was originally passed by a two-thirds 
majority, it need not be presented to the President, since his 
disapproval could not affect it; for his disapproval might af- 
•^fect it when put upon its re-passage, after he had returned it 
with his objection—an occurrence not remarkable in the past 
history of the government. And this re-passage over his veto 
by the two-thirds majority is required before any “ order, res¬ 
olution or vote” of Congress can “ take effect'^ even though on 
its original passage it may have received an unanimous 
* support. 

If it should be said that any doubts as to the validity of the 
proposed Amendment, whether ratified or rejected, under pres¬ 
ent circumstances, will be obviated by the strong arm of 
power which will validate it at all hazards, the ready answer 
is that if the strong arm can give vuilidity to an amendment 
^ adopted in disregard and defiance of some of the prescriptions 
of the organic law, it can, with the saine propriety, set them 
all aside. On that supposition, the Constitution would be at 
the mercy of the strongest, and could at any time be moulded 
according to the will of a mere majority, however unscrupu¬ 
lous or despotic that majority might be. It would thus become 
the plaything of politicians and parties—its sanctity profaned 
and its glory departed. 

The Committee do not present these views in any spirit of 
captiousness, nor as the advocates of mere sectional interests, 
notwithstanding the amendment proposed is unquestionably 
designed to operate on the Southern States of this Union; in¬ 
deed, such are the avowals of its advocates. But the question 
of its ratification under existing auspices, is of the gravest 
import to the whole country, and to the cause of free, consti¬ 
tutional government. In the mutations of human affairs, and 
the conflict of interest and opinion that may arise in the future 


JOINT SELECT COMMITTEE. 


7 


history of this great and wide-spread nation, the time may 
come when changes in the Federal Constitution may be made 
in derogation of the rights and interests of other parts of the 
Union. In so grave a matter too much precaution cannot be 
used. The Constitution is the basis of our liberties. No true 
American has ever ceased to regard it as peculiarly sacred,as 
well as for its own intrinsic excellence, as for the exalted char¬ 
acter of its patriotic founders. And it should never be for¬ 
gotten that those good and great men, inspired by lofty deeds, 
in a spirit of forbearance, conciliation and compromise, and 
in the exercise of an enlightened statesmanship, framed this 
great bulwark of civil and religious liberty. Even those who 
are called “ rebels,” have never spoken lightly of it. The af¬ 
fections of all sincere lovers of liberty twine around it, like 
ivey around some hallowed shrine where the heart pours forth 
its profoundest devotions. 

Many of the prominent questions of the present time are 
of temporary interest only, and will soon be forgotten; and 
with them will pass away the passions and hate which they 
have engendered. But the Constitution was made for all 
ages. For peace and for war. All patriots will unite in the 
hope that its majesty and symmetry may not be marred by 
the incorporation of Amendments, shaped amid the excite¬ 
ments of these tempestuous days, and made a part of it 
through methods of proceeding which are hasty and ill-con¬ 
sidered, and unwarranted by the provisions of the instrument 
itself. 

Proceeding more in detail, ^ to the merits of the proposed 
Amendment, the Committee have confined themselves to its 
most prominent features. 

IJn the first section it is provided that “ no State shall make 
or enforce any law which shall abridge the privileges or im¬ 
munities of citizens of the United States.” What those privi¬ 
leges and immunities are, is not defined. Whether reference 
is had only to such privileges and immunities as may be sup¬ 
posed now to exist, or to all others which the Federal Gov¬ 
ernment may hereafter declare to belong to it, or may choose 
to grant to citizens, is left in doubt, though the latter con¬ 
struction seems the more natural, and is one which that Gov. 


8 


REPOET OF THE 


ernment could at any time insist upon as correct and en¬ 
tirely consistent with the language used. With this con¬ 
struction placed upon it, what limit would remain to the pow¬ 
er of that Governm.ent to interfere in the internal affairs of the 
States ? And what becomes of the right of a State to regu¬ 
late its domestic concerns in its own way ? Whatever restric¬ 
tions any State might think proper, for the general good, to 
impose upon any or all of its citizens, upon a declaration 
by the Federal Government^ that such restrctions were an 
abridgment of the privileges or immunites of the citizens of 
the Union, such State laws would at once be annulled. 
For instance; the laws of North Carolina forbids the inter-mar¬ 
riage of white persons and negroes. But if this Amendment 
be ratified, the Government of the United States could declare 
that this law, abridged the privileges of citizens, and must 
not be enforced; and miscegenation would thereupon be legal¬ 
ized in this commonwealth. Grant that such action on the 
part of the Government would not be probable, still it would 
be possible; and its bare possibility sufficiently exemplifies 
the boundlessness of the powers which the ximendment would 
confer on the Federal Government. 

The power to regulate suffi'age has always been claimed to 
belong to the several States, and it is thought by some, that 
this point is securely guarded by the provisions of the second 
section of the proposed Amendment; but a slight inspection 
will reveal the fact that the power of the States to regulate 
suffrage is by no means expressly recognized therein; nor is 
their right to “ deny ” or “ abridge ” the franchise distinctly 
set forth. The provision touching the matter merely declares 
that when the right to vote, of any male citizen twenty-one 
years old is ‘‘ denied ’’ or “ abridged ” the basis of representa¬ 
tion shall be reduced in any State where that shall occur. It 
is not said who shall have the power to deny or abridge the 
right to vote. If the power of a State, over this subject, is 
recognized at all, it is only by implication, and an implica¬ 
tion, too, which is conveyed solely in the language used for 
fixing a penalty upon the exercise of such power, and without 
saying whether its exercise may not hereafter be prohibited. 
No exclusive right, nor even a limited right of a State in the 


JOINT SELECT COMMITTEE. 


9 


premises is expressly admitted, but all is allowed to rest on a 
doubtful inference. With the right of a State thus left doubt¬ 
ful, suppose the Federal Government, in the exercise of the 
power already spoken of as conferred by the first section of 
the Amendment, should think proper to declare that the 
right to vote is one of the “ privileges ” and “ immunities 
of the citizen, what could a State do except to yield the 
point, and what would prevent universal suffrage from being 
at once inaugurated ? Nothing. 

The founders of our polity left the management of mu¬ 
nicipal affairs, and the protection of the ordinary personal and 
property interests ‘of the citizens of the States to the States 
themselves, uncontrolled by the supervision or interference 
of the Federal authorities; because, they rightly judged that 
as the Avelware of the individual citizen Avas most intimately 
connected Avith the Avelfare of his State, his interest could be 
most safely trusted to the protection of his State. The danger¬ 
ous innovation involved in the clause of the Amendment noAV 
under revieAv, coupled Avith the final section, giving Congress 
“ poAver to enforce all the provisions of this Article by appro¬ 
priate legislation,” consists in the fact that it authorizes the 
Federal Government to come in, as an intermeddler, between 
a State, and the citizens of the State, in almost all conceiva¬ 
ble cases;—to supervise and interfere Avith the ordinary admin¬ 
istration of justice in the State Courts, and to provide tribu¬ 
nals,—as has to some extent been already done in the Civil 
Eights Bill,—to which an unsuccessful litigant, or a criminal 
convicted in the Courts of the State, can make complaint that 
justice and the equal protection of the laws have been denied 
him, and hoAvever groundless may be his complaint, can ob¬ 
tain a rehearing of his cause. The tendency of all this to 
break down and bring into contempt the judicial tribunals of 
the States, and ultimately to transfer the administration of 
justice both in criminal and civil causes, to Courts of Federal 
jurisdiction, is ^oo manifest to require illustration. 

A serious objection to the second Section, if it should be 
understood as implying the poAver of a State to regulate the 
question of suffrage, is, that it imposes a penalty upon any 
restriction of the franchise, and offers a premium for its ex- 


10 


REPOET OF THE 


tension: the representation of a State, and its consequent 
political importance being diminished in the one event, and 
increased in the other. The manifest design of this pro¬ 
vision is, to bring about, by indirect means, the adoption of 
universal suffrage, irrespective of race or color. And thus 
a premium is offered for the prostitution of the franchise. 
Nothing could be more threatening to the stability of our 
republican institutions. There can scarcely be a doubt that 
if the question of negro suffrage could be calmly considered 
purely on its own merits, and aside from the prejudices of 
the times, all thoughtful and well-informed men, would unite 
in condemning it as in the highest degree impoltic and 
unwise. 

A leading feature of this second Section is, that, virtually, 
it makes the basis of representation to consist of the voters 
only, which is manifestly inconsistent with the theory of our 
political system. The voters are merely the appointing pow¬ 
er, whose function is to select the representative ; but liis 
true constituency is the whole population. It is a great fal¬ 
lacy to maintain that an officer represents only those who 
vote for him. Senators are chosen by the State Legislature, 
but they represent not the Legislature merely, but all classes 
of the State population with their varied interests. But it is 
urged by the advocates of the policy of basing representa¬ 
tion on the voters only, that this is necessary in order to 
give equal weight to a voter in different States, and yet 
there is neither justice on the one hand, nor any practical im¬ 
portance on the other, in this idea. Say two States have 
equal population, equal voting strength, and equal represen¬ 
tation ; and suppose one of them should choose to restrict 
the franchise so that its quota of Representatives would be 
selected by half its former number of voters; this, indeed, 
would be a matter of interest to its own citizens, but of what 
possible concern could it be to the citizens of the other State? 
A complaint that the weight of voters was not equal, would 
come with bad grace from a State, which, by extending widely 
the franchise, had thereby diminished the relative importance 
of its individual voters. If two States had equal population^ 
but one of them should allow twice as many voters as the 


JOINT SELECT COMMITTEE. 


11 


other, then, according to the pending Amendment, one would 
be entitled to twice as many Eepresentatives as the other. 
This might be giving equal weight to voters, but would cer¬ 
tainly be giving very unequal weight to the respective non¬ 
voting populations ; so that no consideration is given to the 
non-voters who must always constitute the great majority of 
the people, and bear a large share of the public burdens. 
And while the negroes, who form so large an element in the 
population of this Commonwealth, cannot wisely exercise the 
right of suffrage, and should not, therefore, be allowed to 
do so, yet if there ever was a time when that race should be 
counted in the basis of representation, it is noio ; for they are 
thrown as an immense burden on a few States, and will for 
many years demand the utmost exercise of every moral agency 
for their advancement in the scale of being. 

The third section of the Amendment is designed solely to 
affect the South. It virtually disfranchises a large portion of 
the people of North Carolina. It is well know that most of 
our able-bodied men were Confederate soldiers during some 
part of the late war ; and of those of our people who were not 
in the army, scarcely an individual, can truthfully say that he 
rendered “ no aid or comfortto the Southern cause ; and all 
who had ever previously taken an oath to support the Fed¬ 
eral Constitution, either as a Member of Congress, or as an 
officer of the United States, or as a member of a State Legis“ 
lature, or Executive or Judicial officer of any State, are ex¬ 
cluded from, forever hereafter, holding any office, either in the 
State or Federal Government, unless the disability is removed 
by a two-thirds vote of both Houses of Congress. And it 
may be added, in this connexion, that Congress by providing 
for the removal of disabilities by its action upon a two-thirds 
vote, infringes the Constitutional right of the President to 
grant pardons. 

Yery few, indeed, of the men of this State, of mature years, 
and capable of filling such positions, have not at some time 
held one or more of the aforesaid offices, and taken the oath 
specified. The immediate practical effect, therefore, of the 
Amendment, if ratified, will be to destroy the whole machine¬ 
ry of our State Government, and reduce all our affairs to com- 


12 


REPORT OF THE 


plete chaos, by throwing out nearly every public officer, even 
to Justices of the Peace and Constables; and it would be 
hardly possible to find enough of men qualified to fill those 
various offices, and re-organize our State Government. 

And besides this, all experience proves that men rising to 
power on the ruin of their fellows, and expecting success only 
by the suppression of the popular will, are generally the worst 
of all the enemies of their own people ; and the great mass of 
the people of this Commonwealth, would, in the opinion of 
the Committee, prefer to commit themselves, their honor, and 
their interests to Congress, as now composed, rather than to 
those, whose only hope of ruling, lies in the disfranchisement 
and oppression of more loyal and better men. 

The impolicy of imposing this general disability upon those 
who, in any way, took part in the late conflict, is shown also 
by the indubitable fact that most of them are now as conser¬ 
vative, as loyal, and as well aftected towards the General 
Government as any class of citizens. Those who personally 
participated in the great trial of arms, are perhaps more thor¬ 
oughly convinced than any others, of the finality of the decis¬ 
ion, and the utter folly of any future appeal to the arbitra¬ 
ment ot war ; and hence have, with few exceptions, readily 
acquiesced in the settlement which has been made of the 
questions in dispute. Many of those who would be disabled 
from holding office, are among the most prominent and excel¬ 
lent citizens of the State, who always opposed secession ; and 
their services and co-operation would be greatly needed in 
the important work of restoring her prosperity. 

But if this, and other degrading disabilities, must be im¬ 
posed upon so man}^ of her citizens, how can North Carolina 
herself, while she retains any sense of honor or self-respect, 
assist in imposing it ? How can those now controlling the 
destinies of the Union, ask or expect her to do so, and thus 
set the seal to her own disgrace ? How can they expect or 
even desire that her Representatives either now or hereafter 
shall assist in the work of her own degradation ? 

What her people have done, they have done in obedience 
to her own behests. Must she now punish them for obeying 
her own commands? If penalties have been incurred, and 


JOINT SELECT COMMITTEE. 


13 


punishments must be inflicted, is it magnanimous, is it reas¬ 
onable, nay, is it honorable to require us to become our own 
executioners ? Must we, as a State, be regarded as unfit for 
fraternal association with our fellow-citizens of other States, 
until after we shall have sacrificed our manhood and tarnished 
our honor? Surely not. North Carolina feels that she is 
still one of the daughters of the great American family. 
Wayward and wilful, perhaps, she has been ; but honor and 
virtue still are hers. If her errors have been great, her suf¬ 
ferings have been greater. Like a stricken mother, she now 
stands leaning in silent grief over the bloody graves of her 
slain children. The mementos of former glory lie in ruins 
around her. The majesty of sorrow sits enthroned on her 
brow. Proud of her sons who have died for her, she cher¬ 
ishes in her heart of hearts, the living children who were 
ready to die for her; and she loves them with a mother’s warm 
affection. Can she be expected to repudiate them ? No ! it 
would be the act of an unnatural mother. She can never 
consent to it,— Never! 

It is said, however, that Congress can easily remove the 
disabilities which this section imposes; but is it likely that 
Congress will do so ? If they can be so readily removed, why 
impose them at all? And it should not be forgotten that 
Congress could, through this dispensing power, manage to 
fill the State offices of every grade, almost entirely according 
to its OAvn choice and dictation, by relieving from disabilities 
only such as might serve its purposes; and thus the freedom 
of elections would be virtually destroyed, and the State gov¬ 
ernments might become the willing and subservient tools of 
grasping ambition and usurping tyranny. 

All that need be said of the fourth section of the proposed 
Amendment is, that it is useless. The Federal debt is 

9 ^ ^ 

already sufficiently secured by the honest intention of the peo¬ 
ple to pay it. And a noticeable fact is, with what cheerful¬ 
ness the people of this Commonwealth taxed without repre¬ 
sentation, and depressed and impoverished by the war, pay 
their Internal Eevenue taxes. By seeking to bind the people 
of the whole country further to the payment of the public 
debt, by means of a Constitutional provision, the government 


14 


KEPORT OF THE 


betrays a lack of confidence, not perhaps more in the people 
of the South than in those of the North. The Confederate 
debt is equally certain to remain unpaid. Indeed, most of it 
can never fall due, by the terms on which it was contracted, 
and the impoverishment of the whole South, and the Acts of 
repudiation which have already been passed, will doubtless 
secure the non-payment of the remainder. 

The refusal to pay for our slaves emancipated, is doubtless 
a great injustice, especially to those citizens who did not favor 
secession; but the Committee entertain the opinion that the 
people have never hoped, seriously, for its reparation. 

In the final section, power is given to Congress “to enforce 
by appropriate legislation, all the provisions of this Article.’’ 
How wide a door is hereby opened for the interference of 
Congress, with subjects hitherto regarded beyond its range, it 
is impossible adequately to conceive, until experience shall 
have tested the matter. As the Com mitt e have already 
submitted, one of the most serious evils to be apprehended 
from this Amendment, consists in the vast addition it 
makes, in so many ways, to the powers of the General Gov¬ 
ernment. No enlightened patriot, who has studied carefully 
our system of government, and has realized how much of its 
excellence lies in the due division of its powers, between the 
Federal and State authorities, can have failed to witness, 
with the profoundest alarm, the tendency to centralization 
and consolidation, which has in late years been developed. 
The exercise of the mighty energies, and the assumption 
of new and unusual prerogatives, required to prosecute suc¬ 
cessfully, the recent war, in the nature of things, gave to the 
General Govervment an over-shadowing influence and pres¬ 
tige beyond what it had ever before possessed. And this 
result was increased by the overwhelming defeat of those 
States which had always stood forth as the peculiar advocates 
of State Rights. Every one must perceive, therefore, that, 
even without new Constitutional grants of authority, the Fed¬ 
eral Government is no longer what it once was, but that it 
has expanded into a mighty giant, threatening to swallow up 
the States, and to concentrate all power and dignity in' itself. 
In the interests of liberty, it appears to the Committee, that 


JOINT SELECT COMMITTEE. 


15 


this centralizing tendency, instead of being fostered, needs to 
be checked. The American people ought not, by new grants 
of power, seem to authorize the continual exercise of extra¬ 
ordinary prerogatives, undreamed of in the purer and happier 
days of the Republic. The Constitution, as it stands, was 
good enough for our fathers; if administered in its true spirit 
it will also be good enough for ourselves and our posterity. 

But suppose North Carolina were to accept the Amend¬ 
ment, thus yielding up her honest convictions of duty and 
of principle, in her most anxious desire for the restoration 
of her former relations with the General Government, and 
the admission of her Representatives into Congress, what 
guarrantee, nay, even what hope is there that such ratification 
would thus restore her ? So far from it, the unmistakable 
record of the last Congress, as well as all the indications since 
exhibited, of tone and temper, are, that this humiliation and 
suri-ender of right and principle, would not, in the opinion of 
the Committee, be likely to facilitate restoration, much less 
eflect it. 

The Committee having at some length, gone into an anal¬ 
ysis of the different sections of the proposed Article of Amend¬ 
ment, ought perhaps in closing, to say a word in regard to the 
intimations sometimes thrown out, that if the Southern States 
refuse to ratify the pending Amendment, ^harder terms and 
deeper humiliation will be imposed upon them. These are 
deemed only as the intemperate declarations of heated indi¬ 
vidual partizans. No responsible Body of our countrymen, 
has dishonored itself, or us, by making such threats. It would 
indeed, be mockery to submit a question so grave and impor¬ 
tant to this Commonwealth, and then place her under duress 
to compel her to vote in the affirmative. No humiliation 
-could be deeper, no degradation more profound, than that 
which she would impose upon herself by yielding to intimi¬ 
dation, and ratifying under the influence of base fear, a meas¬ 
ure which she disapproved. The Committee are sure, that 
this Honorable Legislature, will not do an act so inconsistent 
with its own dignity, and the dignity of the State. A ques¬ 
tion of such vital concern to the entire Union and to the 
cause of liberty itself, will surely be calmly and seriously 



16 


REPOET OP THE JOINT SELECT CCMMITTEE. 


considered, with the impartiality and wisdom that should 
characterize the conduct of Statesmen, and with the manly 
independence of freemen; and it is therefore confidently be¬ 
lieved, that the action this Body shall take upon this grave 
question, will be worthy of the State of North Carolina. 

For the reasons submitted in this report, the Committee 
respectfully recommend the adoption of the following Reso¬ 
lution,—to wit: 

Resolved, That the General Assembly of the State of North 
Carolina, do not ratify the Amendment proposed as the four¬ 
teenth Article of the Constitution of the United States. 

J. M. LEACH, Chairman, 
HENRY T. CLARKE, 

H. M. WAUGH, 

JOS. J. DAYIS, 

THOS. S. KENAN, 

J. P. H. RUSS, 

ARCH. McLEAN. 

PHILLIP HODNETT, 

JNO. M. PERRY, 

J. MOREHEAD, JR., 

D. A. COYINGTON, 

W. D. JONES. 

The undersigned a member of the Joint Select Committee 
on the “ Howard Amendment,” dissents from the Report of 
the Committee, believing it would be to the interest of the 
State of North Carolina, considering all the circumstances, 
to ratify the Amendment proposed as the fourteenth Article 
of the Constitution of the United States, 


P. A. WILSON. 








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